Husband spit on his wife's food... Daebap "Crime of Damage to Property"

The Supreme Court found a husband guilty of 'damage to property' on a husband who prevented his wife from spitting on the food she ate.

The first division of the Supreme Court (Chief Judge Roh Tae-ak) announced today (26th) that it has confirmed the original judgment of a fine of 500,000 won in the appeal of A (47), who was charged with property damage.

Mr. A was accused of swearing at his wife while having lunch at home in April of last year for talking on the phone while eating and spitting on side dishes and stews placed in front of her.

He spit on food again when his wife at the time asked, "Are you spitting dirty?"

A, a lawyer, denied the allegations in court, arguing, "The side dishes and stews placed in front of my wife do not belong to her, and it cannot be said that my actions harmed the utility of the food."

However, the first trial court acknowledged the crime of property damage, saying, "The food the victim was preparing and eating must not belong to the victim, and it is clear from experience that the utility of the food has been impaired as long as you are aware that the food has been mixed with other people's saliva."

In the police investigation, Mr. A's statement, "I should have eaten, but I couldn't" also served as a basis for judging the utility.

2nd degree "Destroying another person's property includes the case of destroying property owned jointly with another person," and maintained the fine of Mr. A.

The Supreme Court said, "There was no mistake in the judgment of the original court for misunderstanding the jurisprudence of 'other people's property' in the crime of property damage."and found that A was guilty.